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Detroit
Partner Jana Berger Secures Summary Disposition For Client
Jana Berger, a
partner in the Detroit office, recently secured summary disposition for a high
profile globally recognized pump manufacturer in a complex product liability
matter filed by claimants severely injured in a work-related accident at the
start up of a paper mill. The plaintiffs were pipe-fitters of the paper mill,
assigned to rubber wrap a leak which sprung during the initiation of the start
up. According to sworn testimony, as the rubber wrap was applied, hot pulp
exploded from the piping system. The plaintiffs claimed that Ms. Berger’s client
was responsible for their injuries, contending its pumps were defectively
designed and for failing to warn about the danger associated with a leak. In
granting summary disposition, the court concluded that the plaintiffs had
sophisticated knowledge of pump systems and thus were owed no duty to warn of
leakage in such systems, and that no triable issue of material fact existed
which established that any defect in the design of the pumps at issue caused
plaintiffs injuries.
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